Justice Ministers Disagree Over Amendments To Judicial System

The former Minister of Justice, Dr. Obed Asamoah says the move by the current Justice Minister, Nana Akuffo Addo to replace the community tribunals with district magistrates is not necessary but should rather be improved upon. Professional bodies such as the Ghana Bar Association opposed the establishment of the public and regional tribunals because of the selection of laymen to serve on the panels and the politicisation of the selection process. The tribunals have also been accused of delaying the administration of justice in most cases.

Dr. Asamoah argued that the judicial committees of the regional houses of chiefs and commissions of enquiry were not entirely composed of lawyers, yet they have made determinations of law, which have great impact on society. Mr. Asamoah noted that the public tribunals have disadvantages and should therefore not be phased out.

“Under the constitution it is only in respect of public tribunals that you have a popular participation. I believe that the opposition to the public tribunal system is largely due to the fact that people see it as a legacy of the PNDC revolution and therefore want tit to be abolished.”

The Minister of Justice and Attorney General Nana Akuffo Addo in response said the committees set up by regional houses of chiefs are special since they handle cases based on customary laws. He noted that they have been recognised since 1969 as being specialist in settling chieftaincy disputes and should therefore not be used in comparing the functions of the tribunals.

He stressed that nobody is against the tribunal system because they are a legacy of the PNDC revolution but rather, because the concept of the tribunal was flawed fundamentally and inherently from its inception. He explained that the government would replace it and put in place a more rational system.